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<br />DRAFT <br /> <br />establish a perimeter fence around the Guidant Property in order to <br />protect the safety of the Guidant Property or its employees. The fonn <br />of the private trail system use agreement shall be approved by the <br />City's attomey and shall be executed prior to the issuance of <br />occupancy permits for Phase I buildings. <br /> <br />3. ConstructionlConvevance of Park Buildino. Guidant shall construct a <br />picnic/warming shelter ("Park Building") for Cummings Park pursuant <br />to plans and specifications approved by the City. The maximum cost of <br />the Park Building is estimated to be $350,000. The contribution of <br />Guidant to the Park Building shall be identified on a plaque, approved <br />by the City, which shall be attached to the Park Building. Upon <br />completion of the Park Building, it shall be conveyed to the City. The <br />City shall be responsible for maintenance of the Park Building. <br />Construction of the Park Building shall be completed by June 30, <br />2004. <br /> <br />C. <br /> <br />Traffic Studv Uodate. Guidant shall update the traffic study contained in the <br />Master Plan PUD after completion of the Phase I building construction and <br />traffic improvements, and after completion of the Phase II building <br />constructiOn and traffic improvements. If updated traffic studies indicate that <br />proposed traffic improvements will not be adequate to accommodate the <br />traffic generated by development pursuant to the Master Plan PUD, <br />Developer shall not be allowed to proceed with each subsequent <br />development phase until a revised Master Plan PUD has been approved by <br />the City. <br /> <br />D, A.UAR. Plan. No development shall occur on the Guidant Property during <br />the various phases of development, unless the mitigation measures identified <br />in the A.UAR. Plan have been satisfied within the appropriate timelines. <br /> <br />E. Drainaae and Utility Plan. A revised drainage and utility plan shall be <br />reviewed and approved by the City's consulting engineer prior to the issuance <br />of grading penn its for the Guidant Property, The approved drainage and <br />utility plan shall be attached and incorporated as Exhibit E. <br /> <br />F, Fernwood Street. At the present tirne, Fernwood Street is a public right-ot- <br />way, As part of the development of the Guldant Property, Fernwood Street <br />will be reconstructed and reconfigured as a private road. In order to facilitate <br />the transition of Fernwood Street from a public right-of-way to a private road, <br />the City will vacate its easement over the easterly portion of Fernwood Street <br />and will convey its fee interest in the westerly portion of Fernwood Street. It <br />is anticipated that the vacation and conveyance of Femwood Street will occur <br />concurrent with the approval of the Final Plat for the Guidant Property. Both <br />actions of the City will be subject to the following conditions: <br /> <br />1. <br /> <br />Retention of easements, if any, for utilities which will remain within the <br />original Femwood Street right-of-way; and <br /> <br />4 <br /> <br />, <br /> <br />. <br /> <br />. <br /> <br />. <br />